Tex. Prop. Code § 209.0092

Judicial Foreclosure Required

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Statutory text

(a) Except as provided by Subsection (c) or (d) and subject to Section 209.009 (Foreclosure Sale Prohibited in Certain Circumstances) , a property owners’ association may not foreclose a property owners’ association assessment lien unless the association first obtains a court order in an application for expedited foreclosure under the rules adopted by the supreme court under Subsection (b). A property owners’ association may use the procedure described by this subsection to foreclose any lien described by the association’s dedicatory instruments. A property owners’ association whose dedicatory instruments grant a right of foreclosure is considered to have any power of sale required by law as a condition of using the procedure described by this subsection. (b) The supreme court, as an exercise of the court’s authority under Section 74.024 (Rules) , Government Code, shall adopt rules establishing expedited foreclosure proceedings for use by a property owners’ association in foreclosing an assessment lien of the association. The rules adopted under this subsection must be substantially similar to the rules adopted by the supreme court under Section 50 (r), Article XVI, Texas Constitution. (c) Expedited foreclosure is not required under this section if the owner of the property that is subject to foreclosure agrees in writing at the time the foreclosure is sought to waive expedited foreclosure under this section. A waiver under this subsection may not be required as a condition of the transfer of title to real property. (d) A property owners’ association authorized to use the procedure described by Subsection (a) may in its discretion elect not to use that procedure and instead foreclose the association’s assessment lien under court judgment foreclosing the lien and ordering the sale, pursuant to Rules 309 and 646a, Texas Rules of Civil Procedure. (e) This section does not affect any right an association that is not authorized to use the procedure described by Subsection (a) may have to judicially foreclose the association’s assessment lien as described by Subsection (d). Added by Acts 2011, 82nd Leg., R.S., Ch. 1282 (H.B. 1228 ), Sec. 2, eff. September 1, 2011. Amended by: Acts 2015, 84th Leg., R.S., Ch. 1183 (S.B. 1168 ), Sec. 22, eff. September 1, 2015. Source: Section 209.0092 — Judicial Foreclosure Required , https://statutes.capitol.texas.gov/Docs/PR/htm/PR.209.htm#209.0092 (accessed May 26, 2025). 209.001 Short Title 209.002 Definitions 209.003 Applicability of Chapter 209.004 Management Certificates 209.005 Association Records 209.006 Notice Required Before Enforcement Action 209.007 Hearing Before Board 209.008 Attorney’s Fees 209.009 Foreclosure Sale Prohibited in Certain Circumstances 209.010 Notice After Foreclosure Sale 209.011 Right of Redemption After Foreclosure 209.012 Restrictive Covenants Granting Easements to Certain Property Owners’ Associations 209.013 Authority of Association to Amend Dedicatory Instrument 209.014 Mandatory Election Required After Failure to Call Regular Meeting 209.015 Regulation of Land Use: Residential Purpose 209.016 Regulation of Residential Leases or Rental Agreements 209.017 Justice Court Jurisdiction 209.0041 Adoption or Amendment of Certain Dedicatory Instruments 209.0042 Methods of Providing Notices to Owners 209.0051 Open Board Meetings 209.0052 Association Contracts 209.0055 Voting 209.0056 Notice of Election or Association Vote 209.0057 Recount of Votes 209.0058 Ballots 209.0059 Right to Vote 209.0061 Association Policy 209.0062 Alternative Payment Schedule for Certain Assessments 209.0063 Priority of Payments 209.0064 Third Party Collections 209.0065 Credit Reporting Services 209.0091 Prerequisites to Foreclosure: Notice and Opportunity to Cure for Certain Other Lienholders 209.0092 Judicial Foreclosure Required 209.0093 Removal or Adoption of Foreclosure Authority 209.0094 Assessment Lien Filing 209.00505 Architectural Review Authority 209.00591 Board Membership 209.00592 Voting 209.00593 Election of Board Members 209.00594 Tabulation of and Access to Ballots Up to date Verified: May 26, 2025 § 209.0092. Judicial Foreclosure Required's source at texas.gov Stay Connected Join thousands of people who receive monthly site updates. Subscribe Get Legal Help The State Bar of Texas runs a service for finding an attorney in good standing. Initial consultations are usually free or discounted: Lawyer Referral & Information Service (LRIS) Committed to Public Service We will always provide free access to the current law. In addition, we provide special support for non-profit, educational, and government users. Through social entrepreneurship, we’re lowering the cost of legal services and increasing citizen access. Navigate Find a Lawyer Blog About Us API Contact Us Reports Secondary Sources Privacy Policy California: Codes Colorado: C.R.S. Florida: Statutes Nevada: NRS New York: Laws Oregon: OAR , ORS Texas: Statutes World: Rome Statute , International Dictionary Location: https://texas.public.law/statutes/tex._prop._code_section_209.0092 Original Source: Section 209.0092 — Judicial Foreclosure Required , https://statutes.capitol.texas.gov/Docs/PR/htm/PR.209.htm#209.0092 (last accessed May 10, 2025). Blank Outline Levels × The legislature occasionally skips outline levels. For example:

A person may apply [...] (4)(a) A person petitioning for relief [...] In this example,

, and (4)(a) are all outline levels, but

was omitted by its authors. It's only implied. This presents an interesting challenge when laying out the text. We've decided to display a blank section with this note, in order to aide readability. Trust but verify. Here is the original source for section 209.0092 Do you have an opinion about this solution? Drop us a line. Close

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